Section 96085 - Conduct of Hearing(a) The hearing shall be conducted by one of the following, as determined by the Department: (1) An employee of the Department appointed by the Director of the Department to serve as hearing officer.(2) An administrative law judge employed by the California Office of Administrative Hearings serving as hearing officer.(b) The hearing shall be conducted in person or by telephone or other electronic means as determined by the hearing officer, as specified in Section 96084.(c) The hearing shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.(d) All testimony at the hearing shall be taken under oath or affirmation.(e) The hearing shall be recorded by electronic means unless one party has chosen to provide a court reporter at their own expense as specified in Section 96084. A court reporter shall provide the original of the transcript directly to the hearing officer.(f) The hearing shall be open to the public.Cal. Code Regs. Tit. 22, § 96085
Note: Authority cited: Section 127685, Health and Safety Code. Reference: Sections 127679 and 127681, Health and Safety Code.
Note: Authority cited: Section 127685, Health and Safety Code. Reference: Sections 127679 and 127681, Health and Safety Code.
1. New section filed 11-29-2018; operative 1/1/2019 (Register 2018, No. 48).
2. Amendment of subsection (a), new subsections (a)(1)-(2) and amendment of subsection (b) filed 12-21-2023; operative 4/1/2024 (Register 2023, No. 51).